Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Geeta Devi, Suresh Paswan and Raushan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 61(2), 87, 137(2) and 3(5) of the B.N.S. for alleged kidnapping of a minor granddaughter of an informant. The prosecution alleged that the accused, including the petitioners, kidnapped the minor for unlawful purposes. The petitioners contended they were innocent, citing the victim's statement under Section 183 of the B.N.S., wherein she voluntarily left her parental home and married a co‑accused, and their clean antecedents. The State opposed the bail. The Court, considering the victim's statement and the petitioners' clean records, granted anticipatory bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the kidnapping allegations.
- Whether the victim's statement under Section 183 of the B.N.S. negates the prosecution's case.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2), 61(2), 87
Subjects
- anticipatory bail
- kidnapping
- victim statement
- clean antecedents
- bail bond
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59398 of 2025
Arising Out of PS. Case No.-409 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Geeta Devi Wife of Suresh Paswan Resident of village - Samaspur, P.S.-
Mahua, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 61742 of 2025
Arising Out of PS. Case No.-409 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Suresh Paswan Son of Late Dashai Paswan Resident of Village- Samaspur,
P.S.- Mahua, District- Vaishali
2. Raushan Kumar son of Suresh paswan Resident of Village- Samaspur, P.S.-
Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 59398 of 2025)
For the Petitioner : Mr. Sunil Kumar Singh, Advocate
For the State : Mr. Umeshanand Pandit, APP
(In CRIMINAL MISCELLANEOUS No. 61742 of 2025)
For the Petitioners : Mr. Sunil Kumar Singh, Advocate
For the State : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. Since both these petitions arise out of the same P.S.
case, they are being taken up together and disposed of by this
common order.
Patna High Court CR. MISC. No.59398 of 2025(4) dt.08-01-2026
2/3
3. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 61(2), 87,
137(2) and 3(5) of the B.N.S..
4. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
kidnapped the minor grand-daughter of informant for unlawful
purpose.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. During course of investigation, the
victim was recovered and in her statement recorded under
Section 183 of the B.N.S.S., she has denied the factum of
kidnapping and has categorically stated that she, out of her own
sweet will, left her parental house and had already solemnized
marriage with co-accused Kaushal Kumar. Petitioners claim
clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioners, the prayer for
Patna High Court CR. MISC. No.59398 of 2025(4) dt.08-01-2026
3/3
grant of anticipatory bail to the petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-IV, Vaishali
at Hajipur in connection with Mahua P.S. Case No. 409 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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